Our article in the August 2004 issue of The Metropolitan Corporate Counsel discussed the Federal Circuit's internal debate as to whether section 112 of the Patent Act contains a separate written description requirement. We concluded by noting that it remains to be seen whether the Federal Circuit will address the issue en banc . The court has now determined...
I of this article, appearing in the July 2004
issue of The Metropolitan Corporate Counsel, discussed earlier case
law's requirements of descriptive information required for patent
validity.Federal Circuit Written Description Cases In 2003
Twice in 2003 the Federal Circuit reaffirmed the existence of a
separate written description requirement, again...